Hand Out 22-C

(Session 26)

Discharge & Breach of Contract of Sale

Possibly, the plaintiff may be able to recover losses incurred under a sub-contract by way of
special damages (specified by the plaintiff himself)even though not arising naturally from the breach,
provided they are in the contemplation (minds) of the parties at the time the contract was made.
Damages is not an adequate remedy, and so the plaintiff can ask for specific performance, where
he cannot obtain similar goods in the market, such as, e.g., family heirlooms or other goods unique in
nature. (Falcke v. Gray (1859)).
The seller can sue for damages where the buyer wrongfully refuses to take delivery, the measure
of damages being ….. Thompson Ltd v. Robinson (Gunmakers) Ltd (1955): where the motorcar in
question (Standard Vanguard) did not have ready market and so could not be sold, the seller recovered
his whole profit, when buyer wrongfully refused to accept delivery. Charter v. Sullivan (1957): where
there was a ready market for the motorcar in question (Hillman Minx), the seller was considered to have
suffered minimal loss and recovered nominal damages when buyer refused to accept delivery.

AHamid
11./5/2020